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bigperm0107

Getting paid $1.50 per hour?

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My mom is living off of just ssi. She is living at an income restricted old folks home. She became friends with the manager there and they asked her if she wanted to work overnight on friday nights and saturday nights and they would pay her $25.00 per night. It isnt hard work; just lock up the doors and be on call and if some old person falls call the fire department although sometimes she does have to clean up fecal mater. well what it comes down to is she can not make alot of money or her ssi would go away. Now i just found out that they are having her work from 3pm tomorrow everning to 7:00am the next day and still making the same money. They even started using her to have her driver her own truck and haul old people around withouth any sort of comp or mileage for it.

 

Do you know if this is leagal? They pay her a paycheck but they only take out ssi and medicare. The money is not taxed. Is it legal for her to be working so many hours and paid so little? Did they place her on a salary of $25 per day? Just wondering as if sounds like she is getting taken advantage of but i do not know. Any help would be appreciated.

 

p.s. she does not make tips.

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I would say that since the minimum wage is a federal guideline as an employee, then no, $1.50 per hour is not sufficient for a non-tipped position.

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I would say that since the minimum wage is a federal guideline as an employee, then no, $1.50 per hour is not sufficient for a non-tipped position.

 

 

That was kind of what I thought. She would be better off working the weekend at a place like subway for 16 hours at minimum wage then she would be working 3 or 4 days a week for 12 hours a day at $25 per day. I was just looking for some confirmation of my opinon as well. It is good to know that i am not the only one who believes it should be at minimum wage pay.

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My mom is living off of just ssi. She is living at an income restricted old folks home. She became friends with the manager there and they asked her if she wanted to work overnight on friday nights and saturday nights and they would pay her $25.00 per night. It isnt hard work; just lock up the doors and be on call and if some old person falls call the fire department although sometimes she does have to clean up fecal mater. well what it comes down to is she can not make alot of money or her ssi would go away. Now i just found out that they are having her work from 3pm tomorrow everning to 7:00am the next day and still making the same money. They even started using her to have her driver her own truck and haul old people around withouth any sort of comp or mileage for it.

 

Do you know if this is leagal? They pay her a paycheck but they only take out ssi and medicare. The money is not taxed. Is it legal for her to be working so many hours and paid so little? Did they place her on a salary of $25 per day? Just wondering as if sounds like she is getting taken advantage of but i do not know. Any help would be appreciated.

 

p.s. she does not make tips.

 

If they are taking out ssi and medicare, then she is there employee. No, what they are doing is not leagal. They are taking advantage of your Mother.

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Big time advantage. Others know the law much better than me, but I would be documenting as much as I could right now.

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Your mother is definitely being taken advantage of, and at the least, she may want to discontinue the current arrangement.

 

And although I am not an attorney, this is definitely a violation of minimum wage laws. Depending on which state she resides, the state laws may be more worker-friendly than the applicable federal statutes. She should keep a diary, updated at least weekly, of the actual hours she works, whether or not she intends to seek legal remedies at this time, if she continues working at this sub-minimum wage.

 

However, if your mother were to earn a legal wage, would she then lose her ability to qualify for this income-restricted retirement home? That is a consideration... the owner may think that your mother won't be able to file a complaint since doing so may have the unwanted consequence of her losing her eligibility for residence.

 

Also, if she is transporting others in her own vehicle, she may have liability issues in case of an accident that results in injuries to the occupants... although it doesn't sound like your mother is in a position of having assets that would be worth going after.

 

An attorney specializing in wage & hour cases would almost certainly be willing to speak with her for a free consultation, and possibly take the case on a contingency basis as well, should she wish at some point to seek the back wages she is due. Or, the local legal aid society, if available, or an attorney that would be willing to speak with her "pro bono," (for free) would also be possibilities.

 

The fact that your mother is living at her employer's facility is an additional complication, which may necessitate her moving if she wishes to pursue this. There are issues of employer retaliation which sometimes occur in these situations (although they may also be legally actionable).

 

Good luck with this situation, and I think it's great that you're looking out for your mother's interests.

 

RCJ

btw, her pay is not having federal or state tax withheld (though still subject to FICA/Medicare taxes, no matter how little the earnings) because her annual income--at the wage she is currently earning--is so low that it is under the minimum for state/federal taxation.

 

My mom is living off of just ssi. She is living at an income restricted old folks home. She became friends with the manager there and they asked her if she wanted to work overnight on friday nights and saturday nights and they would pay her $25.00 per night. It isnt hard work; just lock up the doors and be on call and if some old person falls call the fire department although sometimes she does have to clean up fecal mater. well what it comes down to is she can not make alot of money or her ssi would go away. Now i just found out that they are having her work from 3pm tomorrow everning to 7:00am the next day and still making the same money. They even started using her to have her driver her own truck and haul old people around withouth any sort of comp or mileage for it.

 

Do you know if this is leagal? They pay her a paycheck but they only take out ssi and medicare. The money is not taxed. Is it legal for her to be working so many hours and paid so little? Did they place her on a salary of $25 per day? Just wondering as if sounds like she is getting taken advantage of but i do not know. Any help would be appreciated.

 

p.s. she does not make tips.

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Thank you sooo much for everyones advice. I will have her start documenting her hours that she is working. I am not sure I want to have her go after them for anything that she isnt due but i may have her at least look into it. It isnt right that a place take advantage of people that way. I wouldnt be too concerned about her making too much money as i belive her ssi is only about $600 per month. Thanks again for the help everyone.

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My mom is living off of just ssi. She is living at an income restricted old folks home. She became friends with the manager there and they asked her if she wanted to work overnight on friday nights and saturday nights and they would pay her $25.00 per night. It isnt hard work; just lock up the doors and be on call and if some old person falls call the fire department although sometimes she does have to clean up fecal mater. well what it comes down to is she can not make alot of money or her ssi would go away. Now i just found out that they are having her work from 3pm tomorrow everning to 7:00am the next day and still making the same money. They even started using her to have her driver her own truck and haul old people around withouth any sort of comp or mileage for it.

 

Do you know if this is leagal? They pay her a paycheck but they only take out ssi and medicare. The money is not taxed. Is it legal for her to be working so many hours and paid so little? Did they place her on a salary of $25 per day? Just wondering as if sounds like she is getting taken advantage of but i do not know. Any help would be appreciated.

 

p.s. she does not make tips.

 

This doesn't sound like a "friend" at all.

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My mom is living off of just ssi. She is living at an income restricted old folks home. She became friends with the manager there and they asked her if she wanted to work overnight on friday nights and saturday nights and they would pay her $25.00 per night. It isnt hard work; just lock up the doors and be on call and if some old person falls call the fire department although sometimes she does have to clean up fecal mater. well what it comes down to is she can not make alot of money or her ssi would go away. Now i just found out that they are having her work from 3pm tomorrow everning to 7:00am the next day and still making the same money. They even started using her to have her driver her own truck and haul old people around withouth any sort of comp or mileage for it.

 

Do you know if this is leagal? They pay her a paycheck but they only take out ssi and medicare. The money is not taxed. Is it legal for her to be working so many hours and paid so little? Did they place her on a salary of $25 per day? Just wondering as if sounds like she is getting taken advantage of but i do not know. Any help would be appreciated.

 

p.s. she does not make tips.

 

This doesn't sound like a "friend" at all.

 

+1

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this really depends on how her on-call time is considered. on-call does not require that wages are paid.

 

generally, if she is required to be on the site and not allowed to do her own thing, then she is working during those hours and should be paid more. if she is not required to remain on site and is simply on-call in case of emergency, then no, they do not have to pay her an hourly wage. if this is the case, then she needs to keep track of the time she DOES work, as that time is subjected to minimum wage requirements.

 

it sounds like they are paying her a salaried $25 a night to do the lockup and be on-call, which is legal as long as she isnt required to stay on site.

 

the vehicle thing is kind of murky, but she should log those hours as well. if she goes over $25 in minimum wage equivalent hours, she should be getting paid more. some employers try to claim that salaried workers are exempt from minimum/overtime hours, but that is only true if you meet a minimum salaried amount per week, and she is no where near that minimum.

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To play devil's advocate....

 

If there is law that allows exception for on-call/on-sight, then maybe living having a job where she can earn $50/week while not having to leave the facility (pay for transportation, etc) is not a bad deal? :dntknw:

 

With that said, she is getting taken advantage of in a bad way. I draw the line at the extra duties that they have added on her. Once you start cleaning up fecal matter (housekeeping), driving others (chauffer without compensation), and extra hours - then I would be down there today with a recorder and asking some very pointed questions on behalf of her. She is in a high risk driving group, and driving others around without the proper insurance or licensening could be a huge liability. Cleaning up human waste has it's own procedures and risk, and I'm guessing that isn't what she signed up for. Making calls to 911 and locking the doors seems reasonable, everything else after I got done recording the conversation would be turned over to the appopriate state agency for review. :aggressive:

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